NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this...

55
NYS PERB Contract Collection – Metadata Header This contract is provided by the Martin P. Catherwood Library, ILR School, Cornell University. The information provided is for noncommercial educational use only. Some variations from the original paper document may have occurred during the digitization process, and some appendices or tables may be absent. Subsequent changes, revisions, and corrections may apply to this document. For more information about the PERB Contract Collection, see http://digitalcommons.ilr.cornell.edu/perbcontracts/ Or contact us: Catherwood Library, Ives Hall, Cornell University, Ithaca, NY 14853 607-254-5370 [email protected] Contract Database Metadata Elements Title: Dundee Central School District and Dundee Central School District Unit, Civil Service Employees Association (CSEA), Local 1000, AFSCME, AFL-CIO, Yates County Local 862 (2005) Employer Name: Dundee Central School District Union: Dundee Central School District Unit, Civil Service Employees Association (CSEA), AFSCME, AFL-CIO Local: 1000, Yates County 862 Effective Date: 07/01/05 Expiration Date: 06/30/09 PERB ID Number: 4892 Unit Size: 62 Number of Pages: 54 For additional research information and assistance, please visit the Research page of the Catherwood website - http://www.ilr.cornell.edu/library/research/ For additional information on the ILR School, http://www.ilr.cornell.edu/

Transcript of NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this...

Page 1: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

NYS PERB Contract Collection – Metadata Header

This contract is provided by the Martin P. Catherwood Library, ILR School,

Cornell University. The information provided is for noncommercial educational use only.

Some variations from the original paper document may have occurred during the digitization process, and some appendices or tables may be absent. Subsequent

changes, revisions, and corrections may apply to this document.

For more information about the PERB Contract Collection, see http://digitalcommons.ilr.cornell.edu/perbcontracts/

Or contact us:

Catherwood Library, Ives Hall, Cornell University, Ithaca, NY 14853 607-254-5370 [email protected]

Contract Database Metadata Elements Title: Dundee Central School District and Dundee Central School District Unit, Civil Service Employees Association (CSEA), Local 1000, AFSCME, AFL-CIO, Yates County Local 862 (2005) Employer Name: Dundee Central School District Union: Dundee Central School District Unit, Civil Service Employees Association (CSEA), AFSCME, AFL-CIO Local: 1000, Yates County 862 Effective Date: 07/01/05 Expiration Date: 06/30/09 PERB ID Number: 4892 Unit Size: 62 Number of Pages: 54 For additional research information and assistance, please visit the Research page of the Catherwood website - http://www.ilr.cornell.edu/library/research/ For additional information on the ILR School, http://www.ilr.cornell.edu/

Page 2: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

AGREEMENT by and between the

DUNDEE CENTRAL SCHOOL DISTRICT

and CSEA, Local 1000 AFSCME,

AFL-CIO

APR 2

ADMINIS

R E C E k V E Q NYS PUBLIC EMPLOYMENT

RELATIOF" 9 b 9 D

i Dundee CSD Unit Yates County Local 862

July 1,2005 - June 30,2009

Page 3: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that
Page 4: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

Table of Contents

Article XXII

XIX 111 IX

XXVI .

X VII v

XXX XXI XI11 XVII

I1 XXIII xv

XXXIII XXIX XXVII XXIV

XXVIII XIV

XXXII XXXI

I VIII IV XI XX XI1

xxv XVIII XVI

....................................... Advisory Arbitration For Discharge ...................................................................... Agreement ...................................................................... Agreement

...................................................................... Appendix ................................................ Association Representatives

............................................................ Association .Rights ................................................................ Bulletin Boards

.................................................................... Call-In Pay ............................................................... Contract Copies ............................................................... Dues Deductions

........................................................................ Duration ....................................................... Full-Time Employees .......................................................... Grievance Procedure

....................................................................... Holidays .............................. Hospitalization and Flexible Spending Plan

........................................................... Management Rights .............................................................. Maternity Leave ............................................................ Mileage Payments

.................................................................. Miscellaneous ............................................................. No Strike Pledge .......................................................... Out Of Title Work

....................................................................... Overtime ........................................................... Pay and Work Week

Personal Leave ................................................................ .............................................................. Personnel Files

....................................................... Physical Examinations ..................................................................... Recognition

Retirement ...................................................................... ......................................................... Rights of Employees

Savings Clause ................................................................ Seniority, Job Vacancies, Layoff Posting, and Probationary Period ...

................................................ Sick and Bereavement Leave ...................................................................... Signatures

Subcontracting ................................................................ .......................................... ......................... Uniforms ..

...................................................................... Vacations

Page 32 3 9 49 26 6 12 36 13 10 8 45 30 18 23 5 33 20 48 44 37 34 38 19 47 46 4 11 7 14 27 15 51 35 25 21

Page 5: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that
Page 6: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

This Agreement is made pursuant to Article 14 of the Civil Service Law of New York State and entered into December 22, 2005 (subject to ratification) between the Dundee Central School District, hereinafter referred to as the Tmployer" and the Civil Sel-vice Employees' Association, Inc,, Local 1000, AFSCME, AFL-CIO, Dundee School Unit, Yates County Local 862 hereinafter referred to as the "Association".

Page 7: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE I

The Employer hereby recognizes the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, Dundee School Unit, Yates County Local 862, as the sole and exclusive negotiating agent of the non-teaching employees of the Employer excluding the Business Manager, Cook Manager, Secretary to the Superintendent, Head Bus Mechanic, Supervisor of Buildings and Grounds, Account ClerWreasurer, and those positions that are management and/or confidential for the maximum period permitted by law upon the date to execution of this Agreement; and specifically the non-teaching employees to include: Bus Drivers, Cafeteria Employees, Head Custodians, Custodians, Cleaners, Building Maintenance Personnel, Secretaries, Clerks, Teacher Aides, Garage Mechanic, Garage Labor, GroundskeeperIBus Driver, MechanicIBus Driver, Registered Nurse, LPNIAide and Computer Technician.

Page 8: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE I1

Any and all rights, powers and authority the Employer had prior to entering this Agreement are retained by the Employer, except as expressly and specifically abridged, delegated, granted or modified by this Agreement.

Page 9: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE 111

The Association shall have the sole and exclusive right with respect to other employee organizations to represent all employees in the heretofore defined bargaining unit in any and all proceedings under the Public Employees' Fair Employment Act; under any other applicable law, rule, regulation or statute, under the terms and conditions of this agreement; to designate its own representatives and to appear before appropriate oflicials of the Employer to effect such representation; to direct, manage and govern its own affairs; to determine those terms and conditions of employment which the membership wishes to negotiate and to pursue all such objectives free from any interference, restraint, coercion or discrimination by the Employer or any of its agents. The Association shall have the sole and exclusive right to pursue any terms and conditions of employment or issue regarding application or interpretation of this contract, grievance and appeal procedure in this Agreement and to pursue any matter or issue to any court of competent jurisdiction, whichever is appropriate.

Page 10: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE IV

Section 1 Employees may join and take an active role in the activities of the Association without fear of any kind of reprisals fiom the Employer or its Agents.

Section 2 An employee may bring matters of personal concern to the attention of the appropriate employer's representatives and officials in accordance with the applicable laws and rules. The ~ m ~ l o ~ e e may choose his own representative or appear alone in a grievance or appeal proceedings with the exception that the Association must be permitted entrance to all such proceedings if and when requested by the employee and must be informed immediately of any decisions surrounding the case.

Section 3 Association meetings will be conducted in a manner not to interfere with the normal operations of the school district or the normal job functions of any employee(s) provided, however, that this clause shall in no way be interpreted to abridge the rights provided for in Article XIX of this agreement.

Page 11: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE V DURATION

This Agreement, and any written amendments made and annexed hereto, shall continue in full force and effect until midnight, June 30, 2009, and commence on July 1, 2005.

Page 12: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE W

The agreement shall constitute the full and complete commitments of the District to the Association. The parties acknowledge that during the negotiations which resulted in the Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law ftom the area of collective negotiations, and that the understandings and agreement arrived at by the parties after the exercise of that right and opportunity are set forth in the Agreement. Therefore, the District and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that the other shall not be obligated to negotiate collectively with respect to any subject or matter or impact to such subject or matter not specifically referred to or covered in this Agreement.

Page 13: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE VII

Section 1 The Employer will withhold fiom the salaries or wages of the members of the Association, dues for the Association as said members individually authorize.

Section 2 Authorizations shall be in writing on the form provided for said deductions by the Association.

Section 3 The Association agrees to furnish the Employer a list of signed payroll deduction authorization forms.

Section 4 The Employer shall transmit to the Association all monies collected for the Association.

Section 5 CSEA having been recognized or certified as the exclusive representative of employees within the negotiating unit, shall be entitled to have deductions made fiom the wage or salary of employees* of said bargaining unit who are not members of CSEA, the amount equivalent to the dues levied by CSEA and the fiscal or disbursing officer shall make such deductions and transmit the sum so deducted to CSEA.

The fiscal officer making such deductions will transmit these amounts to CSEA, 143 Washington Avenue, Albany, NY 12210. This deduction will be accompanied by a listing indicating the name and address of those employees who are not members of CSEA.

CSEA agrees to hold the (employer) safe and harmless because of said deduction.

*Employees refers to those persons and position shown in the Appendix and Article I.

Page 14: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE VIII RETIREMENT

Retirement is defined to mean that the employee is collecting his or her pension pursuant to the rules of the New York and Local Employees' Retirement System at the time of separation from employment with the District.

The Employer shall provide under the New York State Employees' Retirement System, the non-contributory "25 Year Career" Plan (Section 75g).

The Employer shall provide as appropriate under the New York State Employees' Retirement System, either (a) the non-contributory "25 Year Career" Plan (Section 75g) or (b) the Coordinated-Escalator Membership Plan. (This plan is optional to part-time em~loyees as defined bv ERS Reeulations).

The Employer shall provide under the New York State Employees' Retirement System the guaranteed minimum death benefit of three times annual rate of pay (rounded to the next higher multiple of $1,000) but limited to $20,000. (Section 60b).

Effective July 15, 1999, the Employer shall provide under the New York State Employers' Retirement System Section 4 10).

Page 15: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

The Association may use existing bulletin boards at appropriate work locations (garage, cafeteria, maintenance room, staff room). Such bulletin boards may be used by the Association for the announcement of meetings, posting of Association bulletins, election notices, and for any and all matters relative to Association business and shall not be of a controversial nature.

Page 16: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE X CONTRACT COPIES

The Association shall reproduce 90 copies of this Agreement (within thirty (30) days of its execution) and make these copies available. The Association shall give twelve (12) copies of the contract to the Superintendent.

Page 17: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE XI

Section 1 If any article or part thereof of this Agreement or if any addition thereof, should be decided as in violation of any federal, state or local law; or if adherence to or enforcement of any article or part thereof should be restrained by a court of law, the remaining articles of this Agreement or any addition shall not be affected.

Section 2 If a determination or decision is made as Der Section 1 of this Article. the original ~arties to this Agreement shall convene immediathy for the purposes of negotiatinga skisfact0x-y replacement for such article or part thereof.

Page 18: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE XI1 SICK AND BEREAVEMENT LEAVE

Sick Leave

Section 1 Absence for sick leave credit shall be recognized under the following conditions:

A. Personal illness B. Family Illness - four days per year may be used for family illness. On one of the

four days the unit member will be required to furnish a doctor's statement pertaining to the family illness.

C. Quarantine

Section 2 Twelve Month Employees

Each twelve month employee (custodians, groundskeeper, cleaners, building maintenance personnel, secretarial staff, garage labor, garage mechanic, automotive mechanichus driver) shall be granted sick leave at the rate of 112 day per pay period for a total of thirteen (13) days per year and shall be permitted to accumulate a total of 264 days.

Section 3 Ten Month Emwlovees Each ten-month employee (bus driver, cafeteria employees, teacher aides, registered nurse, clerk, and ten-month secretarial stam shall be granted sick leave at the rate of one calendar day per month for a total of ten (10) days per year and shall be permitted to accumulate a total of 220 days.

Section 4 Each employee shall be permitted to take sick leave in 112 day segments. A 112 day segment is equivalent to 112 of the working hours of a work day of the individual concerned.

Section 5 When continuous sick leave exceeds three (3) workdays, the Employer may require as a condition of payment, a statement from the employee's doctor certifLing the nature of the illness or injury and the probable period of disability.

Section 6 When continuous sick leave exceeds fourteen (14) days, the Employer may require the employee to submit reasonable medical records respecting illness or disability.

Section 7 Accumulated sick leave shall be paid to the employee at his retirement at the employee's pay rate per day at the time of his retirement and shall be applied to cover the cost of hospitalization insurance. There will be no cash settlement. In the event there are any remaining funds when the retiree dies, such remaining funds will be transferred to the spouse so helshe may apply same to cover the cost of health care insurance premiums to the extent covered by the remaining funds.

Page 19: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

Retirement is defined to mean that the employee is collecting his or her pension pursuant to the rules of the New York and Local Employees' Retirement System at the time of separation fiom employment with the District.

Example:

$50.40 (employee daily rate of pay) X 150 (employee's accumulated sick leave at retirement) = $7,560 (benefit to be applied to healthcare insurance premium after retirement).

$7,560 divided by $180.00 (assume $180.00 equals the monthly cost of the healthcare insurance premium at retirement).

The District would pay for 42 months of healthcare insurance when the employee retires if the $180.00 monthly premium did not change. ($7,560 divided by 180.00 = 42 months). If the monthly premium went up, then the District would pay for fewer months since the $7,560 benefit would be used up more rapidly.

Section 8 Each eligible unit member who exceeds hidher total accumulation of sick days shall receive three dollars ($3.00) for each accumulated unused sick day as of July 1,2005 for the 200546 school year. Payment will be made through the regular paychecks.

Each eligible unit member who exceeds hidher total accumulation of sick days shalI receive three dollars ($3.00) for each accumulated unused sick day as of July 1,2006 for the 2006-07 school year. Payment will be made through the regular paychecks.

Each eligible unit member who exceeds hidher total accumulation of sick days shall receive three dollars ($3.00) for each accumulated unused sick day as of July 1,2007 for the 2007-08 school year. Payment will be made through the regular paychecks.

Each eligible unit member who exceeds hisher total accumulation of sick days shall receive three dollars ($3.00) for each accumulated unused sick day as of July 1, 2008 for the 2008-09 school year. Payment will be made through the regular paychecks.

The foregoing payment for unused sick days is not cumulative fiom school year to school year. For example, the payment for unused sick days in the 2008-09 school year is three dollars ($3.00) per day, not twelve dollars ($12.00) per day.

For purposes of this section (Section 8), "total accumulation of sick days" shall be defined as one hundred sixty (160) sick days for ten-month employees and two hundred twenty (220) sick days for twelve-month employees.

The provisions of this section and the payment for accumulated unused sick days, unless negotiated otherwise, will end on June 30, 2009. Therefore, the failure of the District to continue the provisions of this section and continue the payment for accumulated unused sick days beyond June 30, 2009 shall not constitute an improper labor practice under section 2O9a. 1 (e) or any other section of the Taylor Law.

Page 20: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

Bereavement Leave

Section 1 Up to three days may be used for bereavement purposes to accommodate the death of an immediate family member. Immediate family is defined as a parent, grandparent, spouse, child or sibling. Up to two days of bereavement leave will be allowed for the death of a unit member's mother-in-law or father-in-law. Extra bereavement leave may be taken out of the unit member's available personal leave. Arrangement. for such leave will be made through the unit member's immediate supervisor. The unit member may also use hisher personal days to extend the bereavement leave or to accommodate the death of a relative not previously specifled or resident of the employee's home at the time of death.

Page 21: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

Section I The following shall be designated paid holidays for all twelve month employees: New Year's Day, Dr. Martin L. King Jr.'s Birthday, Washington or Lincoln's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Columbus Day, Thanksgiving Day, day after Thanksgiving Day and Christmas Day [twelve (12) holidays]. The Custodians, Head Custodians, Cleaners, Bus Mechanics and Maintenance Staff shall be awarded an extra day at Christmas, and New Year's Day [fourteen (14) holidays].

Section 2 If a holiday should fall on the employee's scheduled day off, he will receive another day off which is mutually agreed upon by both parties.

Section 3 If an employee is called to work on a holiday, employee will receive time and a half (1 1/2) his regular hourly rate in addition to his holiday pay unless rescheduled in Section 2 above.

Section 4 Teacher Aides, Nurses, Bus Drivers, Clerk, and Cafeteria Workers shall receive Christmas Day and New Year's Day as paid holidays in 2005-06,2006-07,2007-08 and 2008-09.

Page 22: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

Section l. Ten-month employees shall be granted three (3) personal days [three and one half (3.5) personal days for twelve (12) month employees] per year for the purpose of accomplishing personal business during the workday which could not otherwise be accomplished. Request for personal leave shall be made three (3) days in advance (except in emergencies) to the chief school administrator on the forms that are available in the business office. If personal leave is not used it will be accumulated along with other unused sick leave. Personal leave may not be taken on either of the work days immediately before or after a holiday or recess period or to establish a vacation day except where the subject employee has secured written permission from the superintendent or his or her designee.

Section 2 Such personal leave may be taken at the employee's convenience with the prior approval of the department head.

Section 3 Personal leave may be taken in 1/2 day segments. Segments equal half of the working day of the individual concerned.

Page 23: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE XV

Mileage driven by an employee, with employee's personal vehicle, in the performance of school business shall be reimbursed by the Employer at a rate established at the Board of Education's annual reorganization meeting. The District, at its sole discretion, may increase the mileage payment rate. Reimbursement shall be made only in the event no school vehicle is available.

Page 24: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE XVI VACATIONS

Section 1 All twelve month employees shall receive paid vacation in accordance with the following schedule:

Ten days after one full fiscal year.

Eleven days after five full fiscal years.

Sixteen days after eight full fiscal years.

Seventeen days after thirteen full fiscal years.

Twenty-two days after fifteen full fiscal years.

Twenty-three days after twenty full fiscal years.

Twenty-five days after twenty-five full fiscal years.

Section 2 The Association and unit members understand the District's need to plan ahead. Accordingly, unit members who are eligible for vacation shall tentatively outline their vacation periods for the school year. Vacation schedules shall be determined in accordance with the present practice with consent of the Superintendent and department supervisor required if more than two weeks vacation are to be taken consecutively. An employee taking five or more consecutive days of vacation must submit such request at least two weeks in advance. An employee taking less than five consecutive days vacation must submit such request at least two workdays in advance.

Section 3 All vacations shall be taken in the school year earned except that an employee may, by making application to the supervisor for hisher approval (and final approval by the Superintendent) and receiving written approval, carry over to the following school year as much of his earned vacation as would provide him or her with a maximum total of four (4) weeks vacation during the following school year. Application to carry over vacation time must be made no later than two months prior to the end of the fiscal year.

Section 4 Accumulated vacation time shall be paid at the time of termination of employment, whatsoever the reason for such termination. In the event of resignation, the employee must provide two (2) weeks advance notice in order to be paid for hisher accumulated vacation time.

Section 5 If an employee is called back to work on his vacation, the employee will receive time and one half (1 112) his regular hourly rate in addition to his vacation pay for time worked.

Page 25: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

Section 6 In the event a twelve-month employee is hired during the school year, such employee shall earn pro-rated vacation time based upon a full year. (Example: an employee hired on January 1 will earn I week of vacation as of June 30). This vacation shall then be taken in Sections 2 and 3 above.

Section 7 Each unit member will be entitled to take up to one day off without pay per school year. A day off without pay may not be used before or after a holiday. The request, which must be made in writing will be honored on a "first come/first serven basis. Requests will not be approved where 10% or more of the unit members in that specific job category are absent through the use of vacation or personal leave time.

Section 8 All employees shall be given half credit for their years of service on the vacation schedule when they move from a 10 month position to a 12 month position. (Example: a 10 month employee with 12 years of service will receive 6 years of service credit on the vacation schedule when hdshe moves to a 12 month position).

Page 26: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

HOSPITALIZA~ON AND FLEXIBLE SPENDING PLAN

Section 1 The Employer will contribute ninety (90%) percent toward the Blue Point-2 Select health care insuranie premium with a $5/$15/$30 prescription rider for twelve month employees. The Employer will contribute eighty-five (85%) percent toward the Blue Point-2 Select health care insurance premium with a $5/$15/$30 prescription rider for ten month employees.

Note: It is understood and agreed that those unit members who were formerly enrolled in the Blue Cross and Blue Shield Plan may remain in this plan. The employer contribution toward the individual premium for 2005-06 and 2006-07 shall be:

12 month employees - $3,334 or the dollar equivalent of ninety percent (90%) of the individual premium for the Blue Point-2 Select health care insurance premium, whichever is greater.

10 month employees - $3,195 or the dollar equivalent of eighty-five percent (85%) of the individual premium for the Blue Point-2 Select health care insurance premium, whichever is greater.

The employer contribution toward the two-person premium for 2005-06 and 2006-07 shall be:

12 month employees - $6,976 or the dollar equivalent of ninety percent (90%) of the individual premium for the Blue Point-2 Select health care insurance premium, whichever is greater.

10 month employees - $6,685 or the dollar equivalent of ninety percent (90%) of the individual premium for the Blue Point-2 Select health care insurance premium, whichever is greater.

Section 2 The District may consider alternate insurance programs for the employees and with prior approval of the association change to such new coverage as long as that coverage is substantially equivalent to that presently provided.

Section 3 The District shall offer a dental insurance plan. The cost of the insurance premium shall be hlly paid by the employee.

Section 4 The Employer will continue to provide coverage under Worker's Compensation.

All school personnel are covered by worker's compensation insurance, which provides coverage for personal injury accidents arising out of and during the course of employment for the school district. If an employee who is absent, for example, receives workers' compensation equal to one-half of hidher daily pay, helshe would be entitled to one-half day of sick time pay, provided such employee has remaining sick days available. All accidents must be reported to immediate supervisor immediately.

Page 27: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

Section 5 Any employee necessarily absent due to a compensatory injury or disease as defined by the New York State Worker's Compensation Law, will collect both sick pay and compensation if he wishes to do so, otherwise he will collect compensation only and not disturb his sick leave. In no event will an employee receive more compensation by virtue of this provision than hdshe would have received had he/she been actually working.

Section 6 The District shall within a reasonable period of time establish a flexible spending plan. The District shall pay the monthly service and start fees so long as the savings generated by the flexible spending plan to the District is equal to or greater than the total cost of the service and start up fees. The calculation for discerning such savings and costs will be made on December 3 1 for the following September. Accordingly, it is understood and agreed that such plan will be of no cost to the District.

Page 28: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE XVIII UNIFORMS

Employer will provide uniforms for non-teaching personnel as follows:

a. The District will provide up to five uniforms per school year for each custodian, head custodian, cleaner, building maintenance mechanic, and bus mechanic. The District will provide up to five uniform shirts for cafeteria workers. The supervisor will determine if a uniform needs to be replaced.

b. The employer will provide a uniform allowance at the start of the school year up to one hundred twenty five dollars ($125) per year for the registered nurse. The registered nurses uniform allowance will be increased each year commensurate with hidher general wage increases. The registered nurse must h i s h a receipt for the uniform within thirty (30) days of the start of the school year.

Each bus driver will receive a District designed jacket. Should the bus driver leave the District for any reason other than retirement, prior to three years after receiving the jacket, the District will deduct a proportionate amount, based upon the remaining time to three years, from hidher salary. A bus driver who retires may keep the jacket. The District will issue one new jacket every seven years except where a bus driver has taken twenty-five or more extra duty trips over a five-year period. In that instance, the District will issue a new jacket every five years.

It is expected that all employees will maintain their uniform in clean and neat condition either by personal laundering or by laundering with school facilities.

Employees who are provided with uniforms, including hairnets where appropriate, are expected to wear them during all working hours and during working hours only.

Page 29: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE, XIX

Section 1 The Association may designate one bargaining unit employee as Association delegate. The Employer shall be notified of the name of the delegate thus designated. The designated delegate will be permitted to attend the Association's Fall and Spring Meetings. The Employer shall be notified at least two weeks in advance of the meeting that the delegate will be attending such meeting. The employer will not be responsible for any expenses incurred by the delegate.

Section 2 The employee or alternate designated as the grievance representative within each department shall be allowed to handle grievances of employees as described in the grievance procedure with no loss of pay.

Section 3 Officers and representatives shall be afforded such time off without loss of pay as may be reasonably required for the performance of their duties in regards to the-interpretation, application and enforcement of this Agreement.

Page 30: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

AND PROBATIONARY PERIOD

Section 1 Senioritv

A. Seniority is defined as that length of uninterrupted continuous service in the Bargaining Unit which will prevail in the case of promotion, transfer, reduction in force, layoff and recall; bus trip assignments, and in the granting of vacations, personal days and weekends.

B. Continuous service includes only those periods when an employee is on the employer's active payroll and those periods when an employee is absent from, and unable to perform the duties of his position by reason of a disability resulting 6om illness or occupational injury or disease.

C. On involuntary military leave a maximum of four (4) years.

D. An employee on leave of absence will maintain his or her seniority but not accumulate additional seniority for the full period of the leave as granted by the Board of Education. An employee who is laid off will maintain his or her seniority for a period up to two years but will not accumulate additional seniority.

E. An employee loses his seniority only when he: resigns, is discharged, retires, or refuses recall.

F. Relative seniority for persons appointed on the same date shall be determined by their order of appointment.

Section 2 Job Posting

A. When a job vacancy or vacancies occur within the District Employment, the Employer will be responsible for posting the announcement of such vacancies within that department at least five (5) working days prior to the day they are to be filled. A copy of the job posting will be provided to the Association President. Announcements of such vacancies shall contain the title of the position(s) to be filled, qualifications required for appointment, salary range, and the number and work location of the vacancy(s).

B. When such vacancies are announced as provided herein, employees within that department who wish to be considered for appointment to such vacancies shall be allowed to file appropriate notice therefore with the appointing authority; provided, however, that such notice must be filed within five (5) working days following announcement of vacancy.

C . Any employee who fails to apply for a posted job as provided, will be considered as having waived his rights, if any, as regards to the filling of such a job at that time.

Page 31: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

Section 3 Job Vacancies

A. Job vacancies where filled because of transfer, reduction in force, lay-off or recall will be governed by the following factors:

1. Ability to perform the work required on the job involved in an efficient manner.

2. The worker has the capacity to meet the physical requirements of the job. 3. Most qualified.

Job vacancies where filled because of bidding or promotion will be governed by the following factors:

1. Where the qualifications are equal the most senior employee will be awarded the vacancy.

B. Promotional placement shall be made so that the employee's new pay rate; calculated either annually or hourly, shall not be less than 3% greater than the amount the employee is presently receiving.

Section 4 Layoff and Recall For lay-off purposes, an employee's seniority shall determine the order to be followed. The employee with the least departmental seniority shall be the first to be laid off until the total number of employees required to decrease forces shall be established for the department. Having exhausted his seniority in his current title, the laid off employee shall exercise his seniority to displace any employee with lesser seniority than he on the job titles he has previously held or jobs in the same promotional ladder. Recalls shall be in the inverse order of lay-off. In departments that do not rotate shifts, shift preference shall be decided by seniority.

Section 5 Probationary Period

All employees shall be regarded as probationary employees until they have been employed within the bargaining unit for a period of twelve (12) consecutive months, absence from work for any reason shall be included in calculating the employee's probationary period, providing that such absence shall not exceed thirty (30) days in total over the whole probationary time period.

Notwithstanding any provision in this section, the District reserves the right to discontinue the employment of any probationary employee who does not receive clearance for employment through the fingerprinting process.

Probationary employees covered by this agreement may be disciplined or discharged at the sole discretion of the school district and shall not have the right to relief pursuant to the grievance procedure contained herein.

Any employee discharged during the probationary period shall be notified in writing of the discharge and the reasons for same.

Page 32: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

D. Any employee within the Bargaining Unit who is promoted shall be given a twelve (12) week qualifying period for the purpose of acquainting himself with and training himself in the new position. Should the employer determine during that twelve (12) week period that the employee is not competent in that position he shall be transferred back to his former position. If during the same twelve (12) week period the employee elects to return to his or her former position, then he or she may do so and all seniority and rights shall be retained.

Section 6 Long Term Substitute

Except as provided in the definition for a long-term substitute, any employee who has been hired and has worked for a continuous period of sixty (60) school days in any one particular title shall not be considered a substitute, if helshe has cleared the fingerprinting process. Consequently, the employee shall be considered a member of the bargaining unit and be entitled to the benefits that apply to other unit members.

Except as provided in the definition of a long-term substitute below, any position that has been filled with either a per diem substitute or a long-term substitute for more than sixty (60) consecutive school days will be considered a permanent position. Consequently, this position will then be filled by a probationary appointment.

A long-term substitute is defined as an individual who is filling a position that has not become vacant because the incumbent is on a leave of absence. There will normally be a beginning and ending date for the employment of the long-term substitute.

Page 33: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

Section I For the purpose of this Agreement, a grievance shall be defined as a claimed violation of the specific ten& of this ~ ~ r & e n t .

Section 2 It is expressly understood and agreed by the parties that the grievance and arbitration procedure provided for in this article does not apply to and is not intended as a substitute or an alternative for any action permitted by or required of the Employer under any article of the State Civil Service Laws.

Section 3 The purpose of this Article is to provide the sole method for the settlement of grievances as defined herein and such grievance shall be settled in accordance with the following procedwe: A grievance shall not be initiated later than two weeks after the grievant becomes aware of the event constituting the alleged grievance and in no case later than ninety (90) days after the event constituting the alleged grievance.

STEP 1 - The grievance shall be presented orally by the aggrieved employee to his immediate supervisor with or without his Association representative at the employee's option. If discussion of the grievance with the immediate supervisor does not ksult in resolution of the grievance, then within three (3) working days the grievance may proceed to Step 2.

STEP 2 The aggrieved employee may submit his grievance in writing to his immediate supervisor. If within five (5) working days the employee has not received an acceptable solution, the grievance may proceed to Step 3.

STEP 3 The aggrieved employee may submit his grievance to the chief school administrator, who within ten (10) days after he receives the written notice of grievance, will convene a meeting between the aggrieved employee, his Association representative and himself, chief school administrator andlor other representatives of the Employer, for the purpose of resolving the grievance. If the grievance is not resolved within ten (10) days following the meeting, the grievance may be submitted to arbitration.

STEP 4 - Arbitration

a. In the event that a grievance is unresolved after being processed through all of the steps of the grievance procedure, then not later than thirty (30) calendar days after the third step procedures are complete, or thirty (30) calendar days after the time limits required by the steps in the grievance procedure have run out, the Association may submit the grievance to arbitration by notifLing the employer of its intention to do so. The parties shall then meet to select an arbitrator that is mutually agreeable. If the parties fkil to reach agreement on the arbitrator, the Association may request from the American Arbitration Association a list of seven

-30-

Page 34: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

(7) arbitrators, fiom which the Employer and the Association shall select an arbitrator by striking names alternately until one (1) remains who shall be designated the arbitrator for the grievance in question.

b. The arbitrator shall have no power to add to, subtract fiom or modify any of the provisions in this Agreement.

c. No arbitrator shall decide more than one grievance on the same hearing or series of hearings except by mutual agreement between the parties.

d. All decisions of the arbitrator shall be final and binding upon the parties. The fees and expenses of the arbitrator and the costs of hearing room(s) shall be shared equally by the Employer and the Association. Neither party shall be responsible for the other party's share of the divided costs nor of the expenses of witnesses or participants called by the other.

Page 35: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE r n I ADVISORY A R B ~ T I O N FOR DISCHARGE

Any dispute with respect to the discharge of a non-competitive or labor class civil service employee who has achieved permanent status and who is not eligible for a hearing pursuant to Section 75 of the Civil Service Law may be processed in accordance with the procedures contained herein.

Within five (5) business days of the recommendation of the Superintendent of Schools to the board of education to discharge, an employee may appeal in writing to the Superintendent for an advisory arbitration proceeding.

The parties shall then meet to select an advisory arbitrator that is mutually agreeable. If the parties fail to reach agreement on the advisory arbitrator the Association may request fiom the American Arbitration Association or the Federal Mediation and Conciliation Service a list of arbitrators. Selection will be in accordance with the agency's rules.

The selected arbitrator will hear the matter promptly and will issue his findings not later than fourteen calendar days from the date of the close of the hearings, or if oral hearings have been waived, then from the date the final statements and proofs are submitted to him. The arbitrator's findings of fact, reasoning and conclusions on the issues will be submitted to the Superintendent and the aggrieved in writing.

The arbitrator shall have no power or authority to make any decision which require the commission of an act prohibited by law or which is violative of the terms of the agreement, nor add to, subtract from or modify any of the provisions of this agreement.

Each party to an advisory arbitration shall bear its own legal expense and costs incidental to its exhibits and any witness sworn by such party.

The cost for the advisory arbitration transcript shall be borne by the party requesting said transcript or if both request said transcript the cost shall be shared equally. The costs for the advisory arbitrator shall be shared equally.

The aggrieved employee or the Superintendent may, within five (5) school days of the advisory determination of the arbitrator, make a written request to the Board of Education for review and determination. All written statements and records of the case shall be submitted to the President of the Board of Education by the Superintendent. The Board of Education may hold a hearing to obtain further information regarding the case. The Board of Education shall render a final and binding decision within ten (10) school days after receiving the request for review.

This procedure and any dispute with respect to the discharge of an employee not eligible for a hearing pursuant to Section 75 of the Civil Service Law shall not be subject to the grievance and arbitration provision contained in this agreement.

The District reserves the right to suspend an employee with or without pay pending a final decision of the Board of Education.

Page 36: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE XXIII MATERNITY LEAVE

Section 1 Pregnant employees shall be entitled to a leave of absence for a maximum of one (1) year. Request for such leave shall be made in writing to the chief school administrator as soon as the fact of pregnancy is known or not later than the fourth month. Request for leave shall indicate the probable beginning date and duration of the leave.

Section 2 An employee who is pregnant may continue in active employment as late into pregnancy as is desired provided she is able to properly perform her required function and that she is physically and medically able to do so as certified by her physician.

Section 3 Leave taken by an employee resulting from a medical disability connected with or resulting from pregnancy can be charged to available sick leave. Certification by her physician that such leave is due to such medical disability will be required.

Section 4 All rights and privileges accumulated prior to the effective date of such leave shall be reinstated.

Page 37: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE XXIV OVERTIME

Section 1 Overtime shall be designated as any work done by an employee which extends a work day beyond eight (8) hours or the work week beyond 40 hours. The parties agres to waive the contractual requirement to pay compensation at time and one half to bus drivers who work in excess of eight (8) hours per day. This waiver shall be effective until the expiration of contract (June 30,2009).

Section 2 All overtime shall be paid at the rate of 1 112 times the employee's regular hourly rate.

Section 3 Holidays and vacation days shall be counted as days worked in the computation of overtime.

Section 4 All overtime shall be as equally distributed as possible among all employees within the respective department that is affected.

Section 5 Should the supervisor of a department require overtime to properly cover or manage his department he or she may assign employees to overtime on a reverse seniority rotating basis after exhausting all efforts to acquire voluntwrs.

Section 6 All extra hours for cafeteria employees shall be equally distributed in as much as possible among all employees within this department.

Section 7 Should the supervisor of the cafeteria require extra hours to properly cover or manage this department he or she may assign cafeteria employees to extra hows on a reverse seniority rotating basis after exhausting all efforts to acquire volunteers.

Page 38: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE XXV

The District will not subcontract any work or services presently done by the employees in this bargaining unit during the life of the agreement. This clause shall not survive the expiration date of the contract and if the District does not comply with this provision after the contract expires it will not be construed as a failure to continue all provisions of the agreement after its expiration.

The foregoing does not apply to the following:

1. Garbage pick-up and removal 2. Recycling work 3. Surplus food pick-up 4. Emergency snow removal 5. BOCES maintenance services

The District shall have the right to have non-bargaining unit members perform the foregoing services for the district. The district shall not be under a bargaining obligation (as it applies to decision or impact) in such circumstance, but it will noti6 the Association if non-unit members are going to do such work It is understood and agreed that no unit member($ shall lose their job as a result of the District's decision to have non-unit member or members perform any of the work above.

Page 39: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE XXVI CALL-IN PAY

Any employee called into work after leaving work and who returns home before his next regular scheduled work day shall be paid for his actual time worked at a rate of 1 1/2 times the employee's regular hourly rate or four (4) hours straight time, whichever is greater.

Page 40: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE XXVII Om OF TITLE WORK

Section 1 Effective up to and including October 31, 1991, any employee required to work for a

, continuous period of more than three (3) days in a job title that pays a higher rate than does his regular job shall be paid the equivalent of hisher salary plus 112 of the difference between hidher salary and that of the position being filled for all hours worked in that job.

Effective November 1, 1991, any employee required to work for a continuous period of more than three (3) days in a job title that pays a higher rate than does hidher regular job shall be paid an additional $SO per hour for all hours worked in that job.

Section 2 A teacher aide who substitutes for a teacher for one-half school day shall receive an additional $10.36 (2005-06) for that day or the difference between hisher half-day compensation rate and the halfday compensation rate of an uncertified substitute teacher, whichever is greater. A teacher aide who substitutes for a teacher for one full school day shall receive an additional $20.71 (2005-06) for that day or the difference between hisher daily compensation rate and the daily compensation rate for an uncertified substitute teacher whichever is greater. The rates specified above for 2005-06 shall be increased by the general wage increases for 2006- 07,2007-08 and 2008-09.

Section 3 Employees are expected to willingly accept assignments into out of job title work during emergency situations for shorter periods than described above without compensation at the higher rate.

Page 41: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE XXVIII PAY AND WORK WEEK

All Em~Iovees

Section 1 Pav Day The payday shall continue to be as presently established.

Section 2 Assirmed Hours Except as otherwise provided, the regularly assigned hours, as established from time to time, shall constitute a weeks work for positions covered by this agreement.

Section 3 Road Closing In the event all county roads within the school district are ofiicially closed by the sheriff as a result of an emergency, employees will not suffer a loss in wages for the duration of the road closures.

Section 4 Break Period Unit members who are normally scheduled for and work five (5) consecutive hours or more will be entitled to a fifteen (15) minute break period.

Section 5 Paid Leave It is understood and agreed that paid leave for vacation days, sick days, personal days, and holidays will be equal to the normal daily hours worked during the summer or during the academic school year.

Section 6 Jury Duty Each employee shall be entitled to leave with hl l pay for appearance for jury duty (not to be taken as sick leave or personal leave) provided he reimburses the District for the amount of the check received for jury duty less mileage paid by the court and parking fees for which receipts must be submitted.

Section 7 Payroll Savinrs Plan The Board agrees to make available deductions for a payroll savings plan.

Bus Drivers

Section 1 Work Week The basic work week shall be as follows for full-time employees:

a. Bus drivers - two (2) trips daily during the academic year

b. Bus drivers, kindergarten runs - one additional run daily

- 38 -

Page 42: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

Section 2 Pay for Meals Meal Dayments for Bus Drivers on out of town trips will be allowed if starting time is one hour dr Lore before or one hour or more returning after mealtime. Meal times &e defined as 8:00 a.m., 12:00 noon and 5:00 p.m. Payment of rates for breakfast, lunch, and supper within designated hours and with receipts.

The rate for breakfast is $5.00 for the 2005-06 and 2006-07 school years and $5.50 for the 2007-08 and 2008-09 school years.

The rate for lunch is $5.00 for the 2005-06 and 2006-07 school years and $5.50 for 2007-08 and 2008-09 school years.

The rate for supper is $8.25 for the 2005-06 and 2006-07 school years and $8.75 for the 2007- 08 and 2008-09 school years.

Section 3 Bus Driving Courses All Bus Drivers will be vaid $20.00 oer session for attendance at school bus driving; courses. This compensation will'not apply toward courses taken for the driver's certifidlon. The maximum benefit under this clause will be fifty-six dollars per year per driver if helshe takes four (4) bus driving courses or more.

Section 4 Handicap& and BOCES Trips The hourly rate of pay for the handicapped and BOCES trips shall be increased each year commensurate with the general salary increases. The BOCES trip which averages 4.5 hours will be paid as follows: 1 112 hours at the regular run rate; 1 hour at the BOCES run rate; and two hours at the waiting time rate.

Section 5 Driving and Waiting Time Effective July 1,2005, the driving and waiting time shall be established at $9.60 for the 2005- 06 school year. In addition to paying for meals (as per Article XXVIII, Pav and Work Week, subsection 5) and lodging, the District will pay effective July 1, 2001 $23.87 for any overnight trip (waiting time will not be paid for overnight). Thereafter, the rates will be increased each year commensurate with the general salary increases. A bus driver who reports to work for an activity trip will be paid for 1 hour if the District fails to notify the driver that the activity trip has been cancelled. The 1 hour payment shall be at the specific hourly rate for that activity trip.

Section 6 Late Activitv Trips Effective July 1, 2005 the late activity trip rate shall be established at $21.59 for the 2005-06 school year. Thereafter, the rates will be increased each year commensurate with the general salary increases.

Section 7 Regular Daily Extra Bus Runs When a bus driver accepts a regularly scheduled daily extra bus run like the late activity trip, mid-day pre-kindergarten trip, or the Century 21 trip, the bus driver who accepts the regularly

-39-

Page 43: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

scheduled daily extra bus run may not recruit other bus drivers to occasionally fill in on this bus run.

Section 8 Bus Driver Agreements Individual Bus Driver agreements will be issued for 2005-06, 2006-07,2007-08 and 2008-09. Bus drivers are paid a salary based upon scheduled student days.

Section 9 Vacation Conversion When a regular (full-time) Bus Driver becomes a full-time employee of another classification, he will be credited one half of his years of service on the vacation schedule.

Section 10 Calculation for One-Half Dav of Sick or Personal Time The calculation for the deduction of one-half sick or personal day shall be made based upon the driver's normal total working hours (includes both the driver's regular bus run and the regularly scheduled daily extra bus run). For example, if a bus driver who normally works three hours driving a regular bus run and two hours driving a regularly scheduled daily extra bus run takes one-half day off due to illness and thereby is unavailable for the regular bus nm andlor the regularly scheduled daily extra bus trip, the District shall charge two and onehalf hours as one-half day against hidher available sick time. The calculation shall be made regardless of which run(s) the bus driver actually misses.

Section 1 Hours of Work a. Custodial Staff - forty (40) hours per week except for eight (8) weeks during the

summer when employment is one hour less per week

b. Maintenance Staff - same as custodial staff

c. Cleaners - same as custodial staff

d. Employees will be dismissed one hour before the end of their shift on the last regularly scheduled work day each week during the summer.

Section 2 Shift Differential A head custodian, custodian or cleaner who works on the night shift shall receive an additional $. 10 per hour. (This differential is not paid if the night custodian works on the day shift.) Increase the rate of $.lo per hour for the shift differential by one hundred times the negotiated wage increases for each year of the contract. [Example: CPI is determined to be four percent (4%) plus one percent (1%) = five percent (5%). Multiply .lo cent shift differential by five hundred percent (500%) = .5 cent increase]. The maximum shift differential shall not exceed $.25 per hour.

Page 44: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

Section 3 Pavcheck~ Night custodians may pick up paychecks on Thursday evening instead of Friday during the day.

Teachers Aides

Section 1 Work Days a. Teacher aide - teacher aides shall work on the days when students are in attendance. (It

is understood and agreed that the aides will complete their normal work day in the event students are dismissed early). Teacher aide - five (5) hours minimum per day. Teacher aides hired on or after July 1,2001 - three (3) hours minimum per day. The three-hour minimum per day will expire on June 30, 2009. Accordingly, if the District does not continue such minimum afier June 30, 2009, it shall not constitute a violation of 5209- a.l(e), or any other provision of the Taylor Law.

Section 2 Workshops The District agrees to notify teacher aides (in advance) of available and relevant workshorn. This clause will not be subject to the and &bitration provisions. If approved'in advance, the District will pay one-half of the tuition cost for a teacher aide who successhlly completes an approved workshop that is not conducted during work time. A teacher aide who attends a workshop or conference that is approved in advance by the District will be paid at their regular per diem rate of compensation.

secretarial Emplovees

Section 1 Work Hours and Work Week a. Secretarial Staff

1. Secretarial Staff - seven and one quarter (7 1/4) hours per day, five days per week from September 1 - June 30. Five and one half (5 1/2) hours per day, five days per week during summer months. The Superintendent may authorize a change in the starting and quitting time for the secretary(ies). The rewised starting time, however, will be no earlier than 7:00 a.m. and the revised quitting time will not be later than 4:00 p.m. The Superintendent is authorized to change the starting and quitting time for up to three secretaries per school year. The affected secretaries will receive a three-week advance notice.

The secretarial staff shall work at least eight (8) days and up to a maximum of ten (10) days when school is closed during the academic school year for vacation break periods. The maximum number of workdays will be required when the Christmas Vacation exceeds seven (7) days. Effective with the commencement of the 1994-95 school year, each secretary shall receive an additional four (4) days pay and up to a maximum of six (6) days contingent upon the days worked during the vacation break periods during the academic school year. The workdays shall be determined by prior to June 30 for the following school year. Secretarial staff

Page 45: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

members will, on a rotating basis (inverse order of seniority), work unused snow days. It is understood that when a secretarial staff member works on an unused snow day he/she will not receive a compensatory day off.

The foregoing provisions do not apply to secretarial personnel hired on or after July 1, 2005. Secretarial personnel hired on or after July 1,2005 will, therefore, be required to report for work during the vacation break periods and unused snow days unless they have approved time off.

Garage Labor/Mechanics

Section 1 Work Hours and Work Week a. Garage labor - eight (8) hours per day, five days per week except for eight weeks

during the summer when employment is one hour less per week.

b. Mechanic - eight (8) hours per day, five days per week except for eight weeks during the summer when employment is one hour less per week.

c. Employees will be dismissed one hour before the end of their shift on the last regularly scheduled work day each week during the summer. The early dismissal shall not exceed eight (8) times after the last scheduled teacherlstudent day in June and before the first scheduled teachertstudent day in September.

Cafeteria Emvlo~ees

Section 1 Work Hours and Dinners a. Cafeteria personnel - student school days. Part time cafeteria personnel as scheduled.

"As scheduled" - Cafeteria employees required to attend food service dinners will be reimbursed dinner expenses.

School Nurses

Section 1 Work Hours a. The hours of work are 7:45 a.m. - 3:15 p.m. with one half (1/2) hour for lunch. Nurses

work year is the same as the teachers' scheduled calendar. Workdays during the summer are as designated at current established hourly rate of pay.

Com~uter Technician

Works eight (8) hours per day, five days per week, 12 month position.

Page 46: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

The hours of work are seven and one quarter (7.25) hours per day. Clerks work the designated student days, plus two (2) conference days as scheduled by the administration. Additionally, clerks will work on an as needed basis at the conclusion of the academic school year to complete attendance reports.

Page 47: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE XXIX

The association agrees that it shall not strike, cause, assist, instigate, encourage, or impose obligations on its members to strike.

Page 48: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE MSX FULL-TIME EMPLOYEES

Benefits (except Hospitalization Insurance for those hired on or after July 1, 1994) such as vacation, sick time, personal days, etc., will be given to full-time employees only.

The term "Full-Time Employees" shall mean any employee whose work week requires and normally consists of more than 50% of the hours of the normal work week, job title, and work location in which the employee is working.

Any unit member hired on or after July 1, 1994 whose work week requires and normally consists of more than 60% of the hours of the normal work week, job title, and work location will be eligible for Hospitalization Insurance.

Any bus dfiver hired after October 13, 1992 to exclusively drive the Kindergarten bus route will not be eligible for any benefits as set forth in Article XXX, Full Time Emplovees.

Page 49: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE X X X I

Bus Drivers shall hrnish to the employer on or before September 1st each year, a certificate of physical fitness. A list of those employees failing to do so, will be furnished to the chief school administrator, by the heads of each of these groups, on the first day of classes. Noncompliance will result in suspension without pay.

The certificate may be issued by the school physician at the expense of the school district or by a medical doctor, licensed by the State of New York, at the expense of the employer up to $20.00.

The certificate must not be dated before August 15th of each year for each bus driver.

Page 50: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

ARTICLE XXXII

An employee shall have the opportunity to review his or her personnel file in the presence of an appropriate District official upon five (5) days notice and to place in such file a response of reasonable length to anything contained therein which such employee deems to be adverse within five (5) days. The unit member will be shown any material critical of his/her conduct or work performance before such material is entered into the personnel file.

Page 51: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

Section 1 Minutes of the Board of Education Minutes of the Board of Education meetings shall be distributed to each group (Bus Drivers, Cafeteria Employees, Custodians, Maintenance Staff, Nurse, Secretaries, and Teacher Aides) representative for posting as soon as prepared.

Section 2 Collective Negotiations Not later than January 31st of the year 2009 the parties agree to enter into collective negotiations in accordance with the procedures set forth, in good faith, to reach agreement on all matters raised by either party concerning the terms and condition of employment. Agreement to be reached by April 1st if possible.

Section 3 Imvasse In case of an impasse, continuation of the rights and privileges of the previous contract shall not be abridged. Continuation of the Board of Education and the Association relationship shall be maintained.

Section 4 Tavlor Law, Section 204A It is agreed by and between the parties that any provision of this agreement requiring legislative action to permit its implementation by amendment of law or by providing the additional funds therefore, shall not become effective until the appropriate legislative body has given approval.

Page 52: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

APPENDIX

I. Salary Increase 2005-06

Each unit member shall receive a three and fifty-five hundredths percent (3.55%) hourly rate increase for 2005-06.

Salary Increase 2006-07

Each unit member shall receive an hourly salary increase equal to the Consumer Price Indices (CPI-U) as described herein plus one percent (1'Xo).

The CPI-U shall be the average of the New York-Northeastern New Jersey and the United States Cities Consumer Price Indices (CPI-U) from February, 2005 to February, 2006. The minimum hourly salary increase (including the 1%) shall be three percent (3%). The maximum hourly increase (including the 1%) shall not exceed five percent (5%).

Salarv Increase 2007-08

Each unit member shall receive an hourly salary increase equal to the Consumer Price Indices (CPI-U) as described herein plus one percent (1%)).

The CPI-U shall be the average of the New York-Northeastern New Jersey and the United States Cities Consumer Price Indices (CPI-U) fiom February, 2006 to February, 2007. The minimum hourly salary increase (including the 1%) shall be three percent (3%). The maximum hourly increase (including the 1%) shall not exceed five percent (5%).

Salary Increase 2008-09

Each unit member shall receive an hourly salary increase equal to the Consumer Price Indices (CPI-U) as described herein plus one percent (I %).

The CPI-U shall be the average of the New York-Northeastern New Jersey and the United States Cities Consumer Price Indices (CPI-U) from February, 2007 to February, 2008. The minimum hourly salary increase (including the 1%) shall be three percent (3%). The maximum hourly increase (including the 1%) shall not exceed five percent (5%).

2. ngevily Payment: After 10 continuous years of service in the District and commencing with I1 years - $125.00

After 15 continuous years of service in the District and commencing with 16 years - 150.00 (in addition to the $125.00) for a total of $275.00.

Page 53: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

After 20 continuous years of service in the District and commencing with 21 years - $150.00 (in addition to the $275.00) for a total of $425.00.

After 25 continuous years of service in the District and commencing with 26 years - $100 (in addition to the $425) for a total of $525.00.

The longevity payment. above will commence in the following pay period after the unit member has completed 10, 15, 20, or 25 continuous years of service to the District.

Longevity payment will be issued in a separate check after the unit member submits a voucher for such payment.

3. New Personnel The District will not employ new personnel in the unit at a starting salary in excess of the amount paid to the lowest paid employee in that classification. New personnel and current employees who enter a new classification shall receive a twenty-five cent ($.25) per hour increase, effective when they successfUlly complete their six-month probationary period. New employees will be added to this list.

Page 54: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that

February Signed a t Dundee, N e w Y o r k t h i s 21s t Day of 2 0 0 6 :

Board of Education of Dundee Central School District, Civil Service Employees' Association Inc., Local 1000, AFSCME AFL-CIO, Yates County 862, Dundee School Unit

, (;? , + A &-.-d

suPeri&end&t df~chbols I '

Labor gelations specidst

Page 55: NYS PERB Contract Collection – Metadata Header · and the Association, for the life of this Agreement, each voluntarily and unqualifiedly, waive the right, and each agrees that